Appellate Division: Second Judicial Department

M133812

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-01607 Jesse Abbott, respondent, v Margaret Abbott, appellant. (Index No. 08-13972)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered January 6, 2012, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 28, 2012, and the appellant continues to fly the subject children to Syracuse, New York, at her expense, for visitation with the respondent on the schedule set forth in the parties' May 2011 stipulation; and it is further,

ORDERED that in the event the appellant fails to comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file his brief, if any, on or before April 30, 2012; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before May 10, 2012; and it is further,

ORDERED that the appeal will be calendared after all of the briefs have been filed.

DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court